mentioned for that purpose in such proclamation; and if neither the master or other person having charge of such vessel or boat, nor any mariner or passenger in such vessel or boat shall, during the time aforesaid, go on board any other vessel at sea, and such master or other person having charge of such vessel or boat shall not permit or suffer any person or persons to come on board such vessel or boat at sea from any other vessel, and shall not, during the time aforesaid, receive any goods or merchandise whatsoever out Penalty for of any other vessel, then such bond shall be void; for the sailing without giving making of which bond no fee or reward whatsoever shall be taken; and in case any vessel or boat for which such security shall be required by such proclamation, shall set sail or pass out of any port or place of the United Kingdom, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, or any of them respectively, before security be given as aforesaid, every such vessel or boat so sailing or passing out of any port or place contrary to the true intent and meaning of this Act, together with her tackle, apparel, and furniture, shall be forfeited to His Majesty, his heirs and successors, and the master of, and every mariner sailing in such vessel or boat, shall severally forfeit and pay the sum of two hundred pounds.

such security, forfeiture of vessel, etc.

Power to Consuls, etc., to administer oaths.

Persons au

thorised to

administer

oaths, and persons swearing falsely, or procuring others so to

28. And be it further enacted, That the Consuls and ViceConsuls of His Majesty, his heirs and successors, shall and are hereby empowered to administer oaths in all cases respecting quarantine, in like manner as if they were Magistrates, of the several towns or places where they respectively reside.

29. And be it further enacted, That in all cases wherein take exami- by virtue of this Act, or any other Act hereafter to be made nations may touching quarantine, any examination or answer shall be taken or made upon oath, the person who shall be authorised and required to take such examinations and answers, shall and may be deemed to have full power and authority to administer such oaths; and if any person who shall be interrogated or examined shall wilfully swear falsely to any matter concerning which such person shall depose or make oath on such examination, or in such answer, or if any person shall procure any other person so to do, he or she so swearing falsely, or procuring any other person so to do, shall be deemed to having been guilty of, and shall be liable to be prosecuted

do, shall

be deemed guilty of perjury.

for perjury, or subornation of perjury, as the case may be, and shall suffer the pains, penalties, and punishments of the law in such case respectively made and provided.

dents at

ports to be

officer of the Customs to

intendent of

in case of absence, etc.

in the Lon

of Orders of Council, etc.,

notice.

30. And be it further enacted, That all superintendents of Superintenquarantine at the several ports, and their assistants, shall and may be appointed by any instrument signed by the Com- appointed. missioners of Customs for the time being; and everything Principal required to be done and performed by the superintendent of quarantine, or his assistant, may, in the case of the absence act as superor sickness of such superintendent or assistant, be done and quarantine performed by such principal officers of the Customs as shall be authorised to act in that behalf. 31. And be it further enacted, That the publication in the Publication London Gazette of any Order in Council, or of any Order by don Gazette any two or more of the Lords or others of His Majesty's Privy Council, made in pursuance of this Act, or His Majes- sufficient ty's Royal Proclamation made in pursuance of the same, shall be deemed and taken to be sufficient notice to all persons concerned of all matters therein respectively contained. 32. And be it further enacted, That all forfeitures and Recovery and applica penalties that shall be incurred by reason of any offence tion of committed against this Act shall and may be recovered by suit in any of His Majesty's Courts of Record in England or Ireland, in which no essoign or wager of law, or more than one imparlance shall be granted; or in Scotland by summary action in the Court of Session, or by prosecution before the Court of Justiciary there, or by suit in any of His Majesty's Courts in the islands of Guernsey, Jersey, Alderney, Sark, or Man; and every such forfeiture and penalty shall belong and be given, two-thirds to the person who shall inform and sue for the same, and the remainder to His Majesty, his heirs and successors.

penalties.

name actions

in England, Ireland, or

must be pro

33. Provided always, and be it further enacted, That it In whose shall not be lawful for any person or persons whatsoever to for penalties commence, prosecute, enter, or file, or cause or procure to be commenced, prosecuted, entered, or filed, any action, bill, Scotland, plaint, information, or prosecution, or actions, bills, plaints, secuted. informations, or prosecutions in any of His Majesty's Courts in England, Ireland, or Scotland, or any proceeding or proceedings before any Justice of the Peace of any county, riding, division, city, town, stewartry, or place, for the recovery of any fine, penalty, or forfeiture, incurred by reason of any offence committed against this Act, or against any Order or

In prosecutions by

officers of

the AttorneyGeneral in England, or

Advocate in

Orders made by His Majesty, his heirs or successors, in Council, or by two or more of the Lords or others of His Majesty's Privy Council as aforesaid, unless the same be commenced, prosecuted, entered, or filed in the names of His Majesty's Attorney-General in England or Ireland, or Advocate in Scotland respectively, or under the direction of the Commissioners of the Customs, and in the name or names of some officer or officers of the Customs in England, Ireland, or Scotland respectively: and if any action, bill, plaint, information, or prosecution, actions, bills, plaints, informations, or prosecutions, or any proceeding or proceedings before any Justice as aforesaid, shall be commenced, prosecuted, entered, and filed in the name or names of any other person or persons than is in that behalf before mentioned, the same shall be and are hereby declared to be null and void.

34. Provided also, and be it further enacted, That in case any prosecution, suit, complaint, or other proceeding as the Customs, aforesaid, shall be commenced or depending by any officer or officers of the Customs, for the recovery of any fine, Ireland, or penalty, or forfeiture, fines, penalties, or forfeitures, inScotland, curred by reason of any offence committed against this Act, may stop or against any Order or Orders made by His Majesty, his proceedings. heirs or successors, in Council, or by any two or more of the Lords or others of His Majesty's Privy Council as aforesaid, it shall and may be lawful for His Majesty's AttorneyGeneral in England or Ireland, or Advocate in Scotland, respectively, to stop all further proceedings therein, as well with respect to the share of such fine, penalty, or forfeiture, fines, penalties, or forfeitures, to which any such officer or officers shall or may claim to be entitled, as to the share thereof belonging to his Majesty, if upon consideration of the circumstances under which any such fine, penalty, or forfeiture, fines, penalties, or forfeitures, may be incurred, it shall appear to them respectively to be fit and proper so to do.

Offences not

being felony,

for which no

35. And be it further enacted, That all offences comand offences mitted against any of the provisions of this Act, for which specific peno specific penalty, forfeiture, or punishment is provided by nalty is pro- this Act, shall and may be tried, heard, and determined be deter- before any three Justices of the Peace of the county, riding, division, city, or place where such offence or disobedience shall happen; and if any person shall be convicted of any such offence or disobedience, he or she shall be liable to

vided, may

mined before three Justices, who

may fine or imprison.

such forfeiture and penalty not exceeding the sum of five hundred pounds for any offence, or to such imprisonment, not exceeding twelve months for any one offence, as shall in the discretion of the three justices who shall have heard and determined the same, be judged proper; and such for- Application for penalties. feiture and penalty shall be paid, two-thirds to the person suing for the same, and the remainder to His Majesty, to be applied as the proceeds of other forfeitures and penalties are hereinbefore directed to be applied.

persons hav

vessels shall

as evidence

sels came or they touch

having been directed to perform quarantine be

evidence

were liable,

the contrary

quarantine

36. And be it further enacted, That in any prosecution, Answers of suit, or other proceedings against any person or persons ing the whatsoever, for any offence against this Act, or any Act charge of which may hereafter be passed concerning quarantine, or be received for any breach or disobedience of any Order or Orders which so far as relates to the shall be made by His Majesty, his heirs or successors, with places from the advice of his Privy Council, concerning quarantine and which vesthe prevention of infection, and notified or published as at which aforesaid, or of any Order or Orders made by two or more ed; and the of the Lords or others of the Privy Council aforesaid, the answer or answers of the commander, master, or other person having charge of any vessel, to any question or interro- received as gatories put to him by virtue and in pursuance of this that vessels Act, or of any Act which may hereafter be passed con- unless proof cerning quarantine, or of any such Order or Orders as afore be made to said, may and shall be given and received as evidence, so and the perfar as the same relates or relate to the place from which forming such vessel shall come, or to the place or places at which shall be such vessel touched in the course of the voyage, and where sel's being any vessel shall have been directed to perform quarantine by form it. the superintendent of quarantine or his assistant, or where there is no such superintendent or assistant, by the principal officer of the Customs at any port or place, or other officer of the Customs authorised to act in that behalf, they having been so directed to perform quarantine, may and shall be ⚫ given and received as evidence that such vessel was liable to quarantine, unless satisfactory proof shall be produced by the defendant in any such prosecution, suit, or other proceeding, to show that the vessel did not come from or touch at any such place or places as is or are stated in the said answer or answers, or that such vessel, although directed to perform quarantine, was not liable to the performance thereof; and where any such vessel shall have in fact been put under quarantine at any port or place by the super

proof of ves

liable to per

General issue

intendent of quarantine or his assistant, or other officer of the Customs authorised as aforesaid to act in that behalf, and shall actually be performing the same, such vessel shall, in any prosecution, suit, or other proceeding, against any person or persons whatever, for any offence against this Act or any other Act which may hereafter be passed concerning quarantine and the prevention of infection, or any Order or Orders which shall be made by His Majesty in Council, or any two or more of the Lords or others of His Privy Council as aforesaid, be deemed and taken to be liable to quarantine, without proving in what manner, or from what circumstance such vessel became liable to the performance thereof.

37. And be it further enacted, That if any action or suit shall be commenced against any person or persons for anything done in pursuance or execution of this present Act, or of any Order of Council made by virtue thereof, the defendant or defendants in such action or suit may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and in execution of the said Act, and if it shall appear so to have been done, then the jury shall find for the defendant or the defendants; and if the plaintiff shall be nonsuited, or discontinue his action after the defendant or defendants shall have appeared, or if judgment shall have been given upon any verdict or demurrer against Treble costs. the plaintiff, the defendant or defendants shall and may recover treble costs, and have the like remedy for the same as the defendant or defendants hath or have in other cases Limitation by law; and that no such action or suit shall be brought against any person for any matter or thing done in pursuance or execution of this Act, but within the space of six months after such matter or thing shall have been done.

of actions.